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Summary Judgment for Defendant in Race, Gender, and Perceived Disability Discrimination Action Affirmed, Plus a Criminal Matter

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By FindLaw Staff on June 01, 2010 4:07 PM

Norman v. Union Pac. R.R. Co., No. 09-2651, concerned an action claiming that defendant terminated plaintiff based on race, gender, and a perceived disability.  The court of appeals affirmed summary judgment for defendant, holding that plaintiff's failure to submit a return-to-work release defeated her claim that her termination resulted from the designation of her disability as a mental illness.

In US v. Fronk, No. 09-2876, the court of appeals affirmed defendant's sentence for obtaining a controlled substance by fraud, on the grounds that 1) the district court was entitled to consider defendant's post-plea attempted procurement of unauthorized medications and the content of her letter to the court in determining whether she had clearly demonstrated acceptance of responsibility; and 2) the district court was aware of, and considered, her lack of a criminal history, her medical conditions, her letters of support, and the 18 U.S.C. section 3553(a) sentencing goals.

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